Thank you for visiting Lampman Law’s website. We are located on Public Square in Wilkes-Barre, Luzerne County, Pennsylvania and we defend possession of child pornography charges throughout northeastern and central Pennsylvania.
At Lampman Law, we believe in the presumption of innocence and know the importance of a full and zealous defense. If you have been charged with possession of child pornography in Pennsylvania, or expect that you might be charged, you need to immediately speak with an experienced criminal defense lawyer that has courage to fight for you and the experience and skills to help you move your life forward.
From the time Lampman Law opened we have focused on being criminal defense trial lawyers and have been in Pennsylvania criminal courts daily representing good people that have been charged with serious violations of Pennsylvania’s crimes code. We regularly defend clients accused of possessing child pornography in Pennsylvania.
The possession of child pornography is a felony offense in Pennsylvania. The offense is codified in Section 6312 of Pennsylvania’s Crimes Code under the title of “Sexual abuse of children”. In summary, 18 Pa.C.S. § 6312(d) makes it illegal for any person to intentionally view or knowingly possess or exhibit any image depicting a child under the age of 18 years engaging in a “prohibited sexual act” or in the simulation of such act. The statute defines “a prohibited sexual act” to include nudity “if such nudity is depicted for the purpose of sexual stimulation or gratification of any person who might view such depiction.”
In general, the offense is graded as a felony of the third degree. However, the grading is increased to a felony of the second degree if the image depicts indecent contact with a child or if the child is under age 10 or prepubescent. A child pornography conviction typically requires a term of incarceration because SORNA offenses are statutorily ineligible for house arrest or similar sentencing alternatives.
In addition to carrying prolonged terms of incarceration, intensive parole supervision (including at least 15-years of sexual offender reporting), and expensive fines, these crimes also retain a damning social stigma. Indeed, child porn accusations/charges will turn the accused’s life upside down because the punishment starts the moment that they are reported. These offenses are also different because they leave little room for negotiation and often require a jury trial to decide the outcome. While a favorable resolution of the case may not undo the harm of caused by the allegation, it is the starting point to repairing the wrongfully accused reputation and life.
Of course, defending child pornography cases is never easy; however, we are up to the task. While there are numerous elements to an excellent legal defense, preparation must be the foundation.
At Lampman Law, we prepare to attack and are ready to win. We ready ourselves for court and build our defense strategies by performing a full investigation of the allegation, police investigation, and relevant witnesses. We do this for every case we handle, regardless if it goes to trial. In short, we insist on reviewing all the evidence before concluding on the strength or weakness of a case and prior to offering our advice concerning a case’s resolution.
While preparation is at the core of all our defenses, it alone, is not enough to impact the outcome of cases. The starting point for defending these cases is making challenges to the warrants the police used to seize the evidence. We do this by filing motions to suppress the evidence. We also attack possession of child porn allegations with the rules of criminal procedure, the rules of evidence, forensic computer exams, experience, and most importantly, cross-examination. Cross-examination is "beyond any doubt the greatest legal engine ever invented for the discovery of truth.” In our system it is the principal means of undermining the credibility of a witness whose testimony is false or inaccurate. A carefully planned and skillfully delivered cross-examination is the best available tool to achieve this goal.
We also realize that while an accused may always have a constitutional right to trial, going to trial may not be the right decision in their case. Accordingly, we always offer direct and honest advice to our clients. If, after reviewing all the evidence, we determine that a case is unlikely to succeed we timely advise our clients of our opinion and fully explain our reasoning.
If you or a loved one is facing possession of child pornography charges in Pennsylvania, please call us at 570-371-3737 to speak with an experienced sex crime defense lawyer that is ready to fight for you. We offer free phone or office consultations. Once we learn about you and the pending case, we will develop a plan and get ready to fight. Let’s move forward.